Preliminary Notes
- Let's not be fooled, Because, The case before us relates to a very serious incident in which human life was deprived. A body of evidence led the police, About a month and a half later, (From the date of the incident that is the subject of the indictment), Getting your hands on the defendant, With a tapestry of evidence in her possession and according to her, It is enough to justify this action.
- Moreover; At the stage of examining the parties' arguments and writing the judgment, The court was exposed to the contents of the responses relating to the article that is the subject of the/102 (Article in ynet As a copy was submitted to the court file). As can be seen from the content of the comments (which apparently was inadvertently not addressed by any of the parties' counsel) There is a reference to the fact, that the death of the deceased was caused by a stab wound / Stabbing. Damping, Given on 17.1.19 Decision by this Court, By virtue of it, the parties were asked to express their position on this issue, I will discuss it in detail later.
Reporting the incident
- On the night between 20 January 2016 and 21 January 2016, a number of reports were received at the MDA hotline about an elderly man who was found lying face down on the floor on *** Street in Afula. One reported that we were concerned with a man who fell off a bicycle. The other reported that it was a man who had been run over. Yes, according to the report, the man lying on the floor suffered from bleeding in his head. In this context, we can refer to the exhibits - A/40 Up to T/48 (Excluding T/44)), which are transcriptions of recordings of conversations that took place between the various informants and the Med call center"A; Exhibits submitted by the investigative witness David Huli (Below: "Sickness"), who served at the time as one of the members of the investigation team that worked on the case.
As it emerges from P/41, an informant named Tamar Golan reported an elderly man lying on the floor, his head full of blood. In accordance with P/45, the informant Gili reported an incident of a road accident in which a person was run over. In accordance with P/48, an informant named Ben Shabbat Shmuel reported a man who fell off a bicycle and later said that he was hit by a car while he was lying in the middle of the road.
- This is also evident from the action report P/2; According to that report, an incident was reported on January 20, 2016, at 23:38, which was initially reported as a road accident. Only later, after examining the victim at the hospital in Afula, did it become clear that the injuries were caused by stabbings (see P/1 in that context). It should be noted that the two informants, Tamar Golan and Yuval Berger, gave statements to the police (P/198 and P/199 respectively), in which it was reported that they were at the scene of the incident at around 11:30 P.M., which can indicate an estimated time when the murder occurred. To emphasize that the informant Tamar, under the direction of MDA officials, used a knit that she was wearing, with which she tried to stop the bleeding that flowed from the deceased's head.
One of the witnesses, Mrs. Yuval Berger, even photographed the deceased and later passed the photograph to investigator Danny Bitan (see in this context - P/29 - Arrest Certificate; P/122 - the photo disc and P/58 - the photo printout).